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98-3118 ORD Agenda Item R5F 1 ORDINANCE NO. 98-3118 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP CATEGORY OF THE CITY OF MIAMI BEACH, FLORIDA YEAR 2000 COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY KNOWN AS THE "FORMER PARK PARCEL" FROM ROS (RECREATION AND OPEN, SPACE) TO C-PS4 (COMMERCIAL INTENSIVE PHASED BA YSIDE), THE PROPERTY IS MORE P ARTICULARL Y DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED TO THE ORDINANCE; AND AMENDING P ART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING POLICY 9.2 OF OBJECTIVE 9: REDEVELOPMENT OF THE FUTURE LAND USE ELEMENT; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City entered into a Development Agreement dated April 17, 1986 (hereinafter the "SSDI Development Agreement"), with the Miami Beach Redevelopment Agency and the South Shore Developers, Inc. in order to resolve certain controversies and litigation involving certain property within the City, and the South Pointe Redevelopment Area; and WHEREAS, the Porto fino Entities has submitted an application for approval of a Development of Regional Impact ("DRI") which encompasses several parcels within the South Pointe area; and WHEREAS, one of the Portofino Entities, East Side Partners, Ltd., is the successor in interest to South Shore Developers, Inc. WHEREAS, the proposed amendments to the Comprehensive Plan are in furtherance of the terms of the SSDI Development Agreement and the DR!; and WHEREAS, the Planning Board, at its meeting of April 29, 1997, following an advertised hearing, recommended approval of the amendment to the Future Land Use Map and the amendment to the City of Miami Beach Year 2000 Comprehensive Plan, as amended, as hereinafter set forth. Agenda Item R5F 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Future Land Use Map of the City of Miami Beach, Florida Year 2000 Comprehensive Plan, as amended, is hereby amended by changing the land use designation for the property known as the "Former Park Parcel" from ROS (Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside), more particularly described in the legal description attached as Exhibit "A" to this Ordinance. SECTION 2. The Commission approves the amendment to Part II: Goals, Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan, as amended, as follows: OBJECTIVE 9: REDEVELOPMENT * * * * Policy 9.2 The City shall continue to implement the South Pointe Redevelopment Area project with emphasis on townhouse infill construction to include a mix of housinl! tvDes and commercial uses. * * * *" SECTION 3. The Administration is hereby instructed to transmit a copy of this Ordinance and all applicable documents immediately upon approval on First Reading and again after its adoption on Second Reading to all agencies as provided by Chapter 163, Florida Statutes. SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and same are hereby repealed. SECTION 5. SEVERABIL TY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective 4/25/98 ~ days after the date of its enactment; however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. 2 Agenda Item R5F 1 PASSED ON FIRST READING this ~day of April ,1998. PASSED AND ADOPTED ON SECOND AND FINAL READING this 15thday of April , 1998. ~~YOR ATTEST: ~~yf~~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1Jf~M~ Attorney ,5/f!iIO o e" *Words and/or fillures stricken throullh shall be deleted. Underscored words and/or fillures shall be added. The remaininll orovisions are now in effect and remain unchanlled. Asterisks indicate omitted and unchanlled material. FIATTOILEVLIPORTOFINlORDS\R5F _I.ORD 3 EXHIBIT" A" LBGIt.L DBSCIUPTIOH - Wormer Park .aE'cel . All that part of the North 132.0' of Section 10, Township S4 South, Range 42 East, described as: Beginnina at a point on the Northern boundary of said Section 10, which is intersected by the Easterly boundary of Jefferson Avenue extended southerly across Biscayne StreElt as a point or place of beginning; thence Southerly continuing the Easterly boundary of Jeffer~on Avenue extended for a distance of 132.0' to a point: thenoe westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the Northern line of said Section 10 to Biscayne Bay: thence Northwesterly meandering the Bay to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Section 10, 285.0' more or less to the point o~ place of beginning (the Northerly boundary of said Section 10 being common with the Southerly boundary of Siscayne Stre.t); Al~o described as: All of that part of the north 132.0' of Section 10 Township 54 South, R.n9& 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows to wit: Bounded on the North by the Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended; bounded on the South by a 11ne parallel to and d1stant 132.0' South of the Northern line of :said Section 10, and bounded on the West by Siscayne 8ay, together with the accretions thereto. f/~ 1'1-3// ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICe OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 October 16, 1998 1. Thomas Beck, Chief Florida Department of Community Affairs Bureau of Local Planning Plan Processing Team 255 Shumard Oak Boulevard Tallahassee, Florida 32399 Re: Submission of Adopted Comprehensive Plan Amendments (DCA No. 97-Dl) Dear Mr. Beck: Pursuant to Section 91-11.011, FAC, the enclosed materials are submitted in order to allow the Department of Community Affairs to conduct a compliance review and issue the appropriate Notice of Intent. The City of Miami Beach hereby certifies that the enclosed materials have been transmitted to the South Florida Regional Planning Council and all State agencies listed in Rule 91-11.008(9), FAC. The following additional information and materials are hereby submitted: a. No additional changes were made in the adopted plan or plan amendment which were not previously reviewed by the Department. b. The proposed plan amendments transmitted to the Department under cover letter dated February 14, 1997, were not adopted in their entirety, The Applicant withdrew certain proposed plan amendments when the Porto fino Entities chose to pursue an Alternative DR! Application for Development Approval. c, The following is a list of proposed amendments previously reviewed by the Department in connection with the Original Porto fino DR! ADA, which were not adopted by the local government: 1. Thomas Beck, Chief Florida Department of Community Affairs October 16, 1998 Page 2 1. Development Agreement Overlay ("DAO") text and map change (0.64 acres). 11. The Federal Triangle Parcel from ROS to Commercial Intensive Mixed use ("CPS- 3") and DAO (0.3498 acres). 111. The Alaska Parcel from Marine Recreational ("MR") and ROS to CPS-3 and DAO (3.444 acres). IV, The Water Tower Triangle Parcel from Public Facility ("PF") to Commercial Limited Mixed Use ("CPS-l ") and DAO (0.35). v. Overlay designation entitled "Development Agreement Overlay": the Core Parcel (2,933 acres), the Michigan and Jefferson Parcels (1.25 acres), the Diamond C Parcel (5.425 acres), the End Parcels (0.166 acres), the Marina Parcel (37.85 acres), the Ocean Parcel (12.769 acres), the 101/115/155 Parcels (1.953 acres), a Portion of First Street (0.25 acres), the Pier Park Parcel (3.491 acres), the SSDI North Parcel (7.087 acres), the SSDI South Parcel (5.98 acres), the 211 Parcel (0.149 acres), the Hinson Parcel (1.059 acres), the Goodman Terrace Parcel (1.244 acres) and the 404 Parcel (0.565 acres). d. Attached is a copy of the comprehensive plan page that contains the newly adopted comprehensive plan amendment. e. Attached is a new cumulative table of contents that includes all comprehensive plan amendments indicating the revision date and ordinance numbers. f. Attached is a map that indicates the ordinance number and date of the subject map amendment. g. Attached is a certified copy of Ordinance No. 98-3118. Thank you for your consideration of these adopted comprehensive plan amendments, Should you require any additional information, please do not hesitate to contact me. S gio Rodriguez City Manager J. Thomas Beck, Chief Florida Department of Community Affairs October 16, 1998 Page 3 ft cc: Carolyn Dekle, Executive Director, South Florida Regional Planning Council (w/enclosures) Florida Department of Transportation, District 5 (w/enclosures) South Florida Water Management District (w/enclosures) Department of Environmental Protection (w/enclosures) Dean Grandin, City of Miami Beach (w/enclosures) Robert Parcher, City Clerk Lawrence A. Levy, Esq. (w/enclosures) Clifford A. Schulman, Esq, (w/enclosures) Debbie M. Orshefsky, Esq. (w/enclosures) FdA ITUlUVL'PORTl)fls\LETrt.RS,cut.jrLT1t I Policy 7.1 Recommendations and corrective actions described in the Intergovernmental Coordination Element are hereby incorporated by reference and shall continue to be implemented. Policy 7.2 Requests for development orders or penn its shall be coordinated, as appropriate, with Dade County, special districts, the Regional Planning Council, the Water Management District and state and federal agencies. Special emphasis shall be placed on confonnance with the Biscayne Bay Aquatic Preserve Management Plan and by achieving Biscayne Bay Shoreline Development Review Committee review of 100 percent of applicable projects. O&ffiCT~8: TOPOGRAPHY The City shall coordinate future land uses with the appropriate topography; see policy for measurability. (Note: An objective 91-5.006 (3)(b) as it relates to soil conditions is not applicable as the City's soils consist entirely of man-made soils and beach sand). O&ffiCT~ 8.1 The City shall continue to require that first floor elevations be constructed at 8.33 to 11.0 feet at mean low tide to allow ma.ximum protection during flood conditions. This provision shall not apply within Historic Preservation Districts where first floor elevations may be set below 8.33 feet, but shall be set at the highest level consistent with the historic character of the area. OBJECTIVE 9: REDEVELOPMENT The City shall undertake an additional redevelopment area program by 1995, Policy 9.1 The City shall secure the necessary approvals in order to undertake a City CenterlHistoric Convention Village redevelopment area project by 1995. Policy 9.2 The City shall continue to implement the South Pointe Redevelopment Area project with emphasis on townhouse infill construction to include a mix ofhousin!!: tvoes and commercial uses. Policy 9.3 The City shall continue its code enforcement program to address blight. By 1995, The City shall enhance the program through a joint venture with the Housing Authority; special attention shall be devoted to the North Beach area. F."l"T'O....[Vl.I"O.'l"OfTJ\l"-Cf)M,.,.wO 19 TABLE OF CONTENTS PAGE PROPOSED MONITORING AND EV ALVA TION PROCEDVRES.....................................ii PART II: GOALS, OBJECTIVES AND POLICIES.................................................................1 FUTURE LAND USE ELEMENT........................................................................... ........... 1 TRA.FFI C CIRCULA TI ON ELEMENT.......................................................................... ..22 MASS TRANSIT ELEMENT.. ..................................................... ....................................27 PORTS, A VIA nON AND RELATED FACILITIES...................................................... 29 HOUSING ELEMENT.................................... ................... ...... .... ...................... ........... ....31 INFRA.STRUCTURE: SANITARY SEWER, SOLID WASTE, DRAINAGE AND POTABLE W A TER...........................................................................38 CONSERVATION/COASTAL ZONE MANAGEMENT................................................48 RECREA nON AND OPEN SPACE ELEMENT............................................................ 56 INTERGOVERNMENTAL COORDINATION ELEMENT............................................60 CAPITAL IMPROVEMENT PROGRAM ELEMENT.................................................... 64 HISTORIC PRESERVATION ELEMENT.......................................................................71 CITY COtvIMISSION RESOLUTION 92-20579 AND RELATED MA TERlAL. .... ......... .................... ......... ..... ... ...... ........... ........ ........... ....73 LIST OF FIGURES . PAGE REDEVELOPMENT AREAS. ....... ............ ....... ........................... ..... ................... ... .... ......23 OFFICIAL TRAFFICWAY MAP ................................................ ...................... ...............28 FUTURE LAND USE MAP.......... ............. ................... .................. ............... pocket at back LIST OF AMENDMENTS PAGE 19 AMENDED BY ORDINANCE NO. 98-3118 ADOPTED ON APRIL 15, 1998 ," -. - - --,..:-4'J'o- . "- ~_J j,(zlj~~ ,...... ~-~- :~-::it~~~ ~~~! ( &-:" <<'" ] '~~J~'~'}9A ~ - ;1 '--.' i .. ,-:;",' 1 t:::::i.'~: .;,~' &:11 ~,I~. ~, ~,.'. .~." -=-<~" _ ~. , ": ~ ~' .' == .~ tjjG:j ~ G:j;-,." ... .-.-' , ~...., __,'-LJ ~~ ~ -..:.JJV1 I -.~ >t-,.~~ ~ ~'~ ~~;:: ~'~-<:.. :i ". ' ~~ ~~ L.::.....'.' ,~l ~' ~ ~ q r-=:-.. '-L..; ~ ~ .... _ ,.~... ~-' r-:;.a~ ~~. ' 8~. ' =::;:: ~c..L. ~'~. ~~ ~~ ~~ ~~"" ~~,;.; '~,~ ~.~y~ ~'~.i"I/ ,- ......:.-. 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I '~- (> , ,~aal1ll;:J I I i of ~l;:!~VE~~ ~:4.tO ~ ~. - ~:~", . ~ ~=, ~ \ "'-~: CITY Of ~ MIAMI BEACH ~) · FLORIDA · ~ OF THE i... INCORPORATED 1917 -COMPILED FROM REVISED PLATS ANOOATA IN THE OTYENGINEERS OFFICE- FRAN)( G. AYMONIN . REG. ENGR- NO. 5241 CITY E~NEER SCAI.E IN FEET ~. - - - I FUTU.RE LAND USE MAP, (RECOMMENDED FOR TRANSMISSION TO THE STATE. BY THE COMMISSION JAN. 6; 1994) SCALE: 1 INCH .: 600 fEET UPDATED AUGUST 25,1995 PREPARED BY THE CITY OF MIAMI BEACH PUNNING, DESIGN,' AND HISTORIC PRESERVATION DMSION, 1993 - Agenda [tern R5F [ ORDINANCE NO. 98- 3 118 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP CATEGORY OF THE CITY OF MIAMI BEACH, FLORIDA YEAR 2000 COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY KNO\VN AS THE "FORiVIER PARK PARCEL" FROM ROS (RECREATION AND OPEN SPACE) TO C-PS4 (COMMERCIAL INTENSlVE PHASED BA YSIDE), THE PROPERTY IS MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION A TT ACHED TO THE ORDINANCE; AND Al\iIENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIA..l"ll BEACH YEAR 2000 COMPREHENSIVE PLAN, AS AL\1ENDED, BY AMENDING POLICY 9.2 OF OBJECTIVE 9: REDEVELOPMENT OF THE FUTURE LAL~D USE ELEMENT; DIRECTING TRANSMITTALS OF TillS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City entered into a Development Agreement dated April 17, 1986 (hereinafter the "SSDI Development Agreement"), with the Miami Beach Redevelopment Agency and the South Shore Developers, Inc. in order to resolve certain controversies and litigation involving certain property within the City, and the South Pointe Redevelopment Area; and WHEREAS, the Porto fino Entities has submitted an application for approval of a Development of Regional Impact ("DRI") which encompasses several parcels within the South Pointe area; and WHEREAS, one of the Portofino Entities, East Side Partners, Ltd., is the successor in' interest to South Shore Developers, Inc. WHEREAS, the proposed amendments to the Comprehensive Plan are in furtherance of the terms of the SSDI Development Agreement and the DRl; and \VHEREAS, the Planning Board. at its meeting of April 29, 1997, follo'vving an advertised hearing. recommended approval of the amendment to the Future Land Use Map and the amendment to the City of Miami Beach Year 2000 Comprehensive Plan, as amended, as hereinafter set forth. Agenda [tern R5F I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Future Land Use Map of the City of Miami Beach. Florida Year 2000 Comprehensive Plan, as amended, is hereby amended by changing the land use designation for the property known as the "Former Park Parcel" from ROS (Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside), more particularly described in the legal description attached as Exhibit "A" to this Ordinance. SECTION 2. The Commission approves the amendment to Part II: Goals. Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan. as amended, as follows: OBJECTIVE 9: REDEVELOPMENT * * * * Policy 9.2 The City shall continue to implement the South Pointe Redevelopment Area project with emphasis on townhouse infill construction to include a mix ofhousin!Z tvoes and commercial uses. * * * *" SECTION 3. The Administration is hereby instructed to transmit a copy oftrus Ordinance and all applicable documents immediately upon approval on First Reading and again after its adoption on Second Reading to all agencies as provided by Chapter 163, Florida Statutes. SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict here\Vith be and same are hereby repealed. SECTION 5. SEVERABIL TY. If any section, subsection, clause or provision of this. Ordinance is held invalid, the remainder shall not be affected by such invalidity, SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective 4/25/98 CJ.Q) days after the date of its enactment; how.ever, the effective date of any plan amendment shall be in accordance \-vith Section 163.3184, Florida Statutes. 2 Agenda Item R5F [ PASSED ON FIRST READING this ~day of April . 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING this 15th day of April , 1998. ~~YOR ATTEST: APPROVED p.s TO FORM & LANGUAGE & FOR EXECUTION ~~ p~~ CITY CLERK All 14~/J~ :> citY A1tomey "o/~~.P . D e *Words and/or fiQUres stricken throug:h shall be deleted. Underscored words and/or fig:ures shall be added. The remaining: orovisions are now in effect and remain unchang:ed. Asterisks indicate omitted and unchanlZed material. F \A TTOILE"1..PORTOFIN\ORDS\RSF _lORD " -' EXHIBIT "A" LEGAL DESCRIPTION - ~o~er Park ~~~c.~ . All that part of the No~th 132.0' of Secti~n 10, Township 54 South, Range 42 East, described as: Beginning a~ a point on the Northern boundary of said Section 10, whioh is intersected by the Easterly boundary of Jefferson Avenue extended Sout:herly across Biscayne Street as a point or place of beginning; thence Southerly continuing the Easterly bounda=y of Jeffer~on Avenue extended for a distance of 132.0' to a point; thance Westerly 208.1' more or less along a line parallel to and 132.0' Southerly from the Northern line of said Section 10 to Bi~cayne Bay: thence Northwesterly meandering the Say to the intersection of the Northern line of Section 10; thence Easterly along the Northern line of Sect10n 10, 285.0' more or less to the point o~ place of beginning (the Northerly boundary ot said Secticn 10 being common ~ith the Southerly boundary of Siscayne Street); Al50 described as: All of that part of the north 132.0' of Section 10 Township 54 South, R.nge 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows to wit: Bounded on the North by the Northern line of said Section 10; bounded on the East by the East line of Jefferson Avenue extended: bounded on the South by a line parallel to and distant 132.0' South of the Northern line of ~did Section 10, and bounded on the WQst by Siscayne Ba.y, together with the accretions thereto. RECEIVEO ~ 18 STATE OF FLORIDA D E P A8"{1VrM :~W:r ;: 0: F COM M U NIT Y A F F A IRS "H~(7I)i(n&\hg~<;'a>iP,fl~~~ate safe, vibrant, sustainable communities" LAWTON CHILES Governor JAMES F. MURLEY Secretary October 26, 1998 Mr, Sergio Rodriguez City Manager City of Miami Beach 1700 Convention Center Drive :Miami Beach, Florida 33139 Dear Mr. Rodriguez: Thank you for submitting copies of the City of Miami Beach's Comprehensive Plan Amendment No, 98Dl, previously numbered 97Dl adopted by Ordinance No, 98-3118 on April 15, 1998 for our review, We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials, The submission package appears to be complete, The Department will conduct a compliance review and issue a Notice ofIntent regarding the adopted comprehensive plan amendment in accordance with procedures contained in Section 163,3184 Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review, Please note that the amendment was renumbered from 97D 1 to 98D 1 due to its adoption date occurring in 1998, If you have any questions, please contact Ken Metcalf, Community Program Administrator, for region 11, which will be assigning the adopted plan amendment for review at (904) 487-4545, CV1f~ HtUlA- ~ ~ ~ ~C4Z>ftN.l> - l.., IU.:./ Sincerely, ~~W- D. Ray Eubanks Planning Manager cc: Carolyn Dekle, Executive Director, South Florida Regional Planning Council FLORIDA KEYS Area of Crilical Slate Concem Field Office 2796 Overseas Highway, Suile 212 Maralhon, florida 33050.2227 2555 SHUMARD OAK BOULEVARD. TAllAHASSEE, FLORIDA 32399-2100 Phone: 850.488,8466/Suncom 278,8466 FAX: 850,921,0781/Suncom 291,0781 I nternet address: http://www.state.fl.us/comaff/dca.htm I GREEN SWAMP Area of Crilical Slate Concem field Office 155 Easl Summerlin Barlow, florida 33830.4641 SOUTH FLORIDA RECOVERY OffiCE P.O. Box 4022 8600 NW. 36th Slreet Miami, florida 33159-4022